- (1.) HEARD finally with the consent of learned counsel for the parties.
(2.) THE petitioner has preferred this writ petition challenging the order of Rajasthan Civil Services Appellate Tribunal, Jaipur dated 6th September, 2012, whereby appeal, filed by the petitioner against his transfer order dated 16th August, 2012 from Government Ayurvedic Hospital, Government Secretariat, Jaipur to Government Ayurvedic Hospital Laxmi Narayanpuri, Jaipur, has been dismissed. Submission of learned counsel for petitioner is that petitioner was transferred to Government Ayurvedic Hospital, Government Secretariat, Jaipur vide order dated 10th July, 2012 and within a period of one month itself, he has been transferred back to Government Ayurvedic Hospital Laxmi Narayanpuri, Jaipur only to accommodate the respondent No.3 Rajesh Sharma, who had already worked in Government Secretariat for about eight and half years. He, therefore, submitted that Tribunal committed an illegality in dismissing his appeal. Therefore, this writ petition may be allowed and impugned order may be quashed. Learned counsel for respondents supported the impugned order passed by the Tribunal. We have considered the submissions of learned counsel for the parties. Vide order dated 10th July, 2012, petitioner was transferred from Government Ayurvedic Hospital Laxmi Narayanpuri, Jaiupr to Government Ayurvedic Hospital, Government Secretariat, Jaipur. Subsequently, vide order dated 16th August, 2012, he was transferred from Government Ayurvedic Hospital, Government Secretariat, Jaipur to Government Ayurvedic Hospital, Laxmi Narayanpuri, Jaipur. The order was challenged by him before the Tribunal, however, his appeal was dismissed. There is no dispute between the parties that petitioner has been transferred from Jaipur to Jaipur, i.e., Government Ayurvedic Hosptial, Government Secretariat, Jaipur to Government Ayurvedic Hospital, Laxmi Narayanpuri, Jaipur. So far as submission of learned counsel for petitioner that petitioner has been transferred to accommodate the respondent No.3 is concerned, it is sufficient to mention that it is within the domain of State Government to transfer anyone and even transfer can be made to accommodate someone if the same is necessary in the exigency of service. The Hon'ble Apex Court in Mrs. Shilpi Bose and others v. State of Bihar and Ors., AIR 1991 SC 532 held that if the competent authority issued transfer orders with a view to accommodate a public servant to avoid hardship, the same cannot and should not be interfered by the court merely because the transfer order were passed on the request of the employees concerned.
(3.) THERE is no dispute that petitioner is working at Jaipur itself for last more than ten years. The order of transfer has been passed in the administration of justice and exigency of service. It is purely an administrative act. The Tribunal rightly refused to interfere in the transfer order. I do not find any jurisdictional error in the order passed by the Tribunal, so as to interfere with the same. There is no merit in this writ petition and the same is, accordingly, dismissed with no order as to costs. Stay application No.12270/2012 is also dismissed. "All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. ";